Harris

MEMORANDUM *

Claimant-Appellant Jeanette Harris appeals the district court’s order upholding the Commissioner of Social Security’s denial of disability insurance benefits under Title II of the Social Security Act. Because the parties are familiar with the facts, we recite them only as necessary. We remand to the Commissioner for further proceedings before the ALJ.

A district court’s order upholding a decision of the Commissioner denying benefits *131 is reviewed de novo. Aukland v. Massanari, 257 F.3d 1033, 1034 (9th Cir.2001). This Court can set aside the Commissioner’s decision only when the ALJ’s findings are either based on legal error or not supported by substantial evidence in the record as a whole. Id. at 1035 . We hold that the ALJ’s determination that Harris is capable of performing sedentary work is based on a legal error, because the ALJ did not provide “specific and legitimate” reasons to reject the testimony of Harris’s treating orthopedist, Dr. Georgis.

The Commissioner argues that the ALJ properly rejected Dr. Georgis’s opinion because his diagnosis conflicted with other medical opinions. While the Commissioner is correct in noting that final responsibility for…